Transactions between two private limited companies having same directors


This query is : Resolved 

Quick Summary
This discussion addresses a scenario where a bill was raised by Company A, but the payment was credited to Company B, despite both companies sharing the same directors. The initial advice suggests this could be treated as a taxable gift to Company B. Further clarification explores the possibility of treating it as a loan or advance, but it's highlighted that loans or advances should originate from Company A directly. The consensus leans towards this being a potential violation of provisions, suggesting such transactions may not be sustainable without proper structuring.

07 September 2021 Bill was raised by "A", a private limited company, but the amount was credited to another private limited company "B". Both private limited companies having the same directors. Will it be an issue? Any solution? Or these kind of transactions can be continued?

07 September 2021 Such receipts will be considered as gift and taxable in the hands of B.
Such transactions can't be continued.

07 September 2021 Sir, thanks for the reply.

Can't it be considered as loan/advance and adjusted/paid in the future? Kindly clarify.

07 September 2021 Loan/Advance should be received from company A.

08 September 2021 Sir, thanks for the reply.

08 September 2021 You are welcome.............

09 September 2021 It should be considered as Loan and voilation of provisions.

09 September 2021 @Divesh Thanks for the reply.


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